Herman Parodi will go to trial against workers’ compensation carrier, Bridgefield Employers Insurance Company, and its administrator, Summit Consulting, Inc., on Jan 13, 2014. The case will be heard in the 9th Judicial Circuit in Orange County, and will address Mr. Parodi’s allegations that the Defendants acted with intentional misconduct in the administration of his workers’ compensation claim. An order issued on June 29, 2012 allows Mr. Parodi to seek punitive damages for injuries caused as a result of the intentional denial of care.
Herman Parodi suffered a workplace injury in 2003, which necessitated rotator cuff surgery that temporarily alleviated his pain. However, when his pain returned, several doctors authorized by Defendants diagnosed Mr. Parodi with reflex sympathetic disorder (RSD). RSD, also known as chronic regional pain syndrome, is a chronic pain condition that spreads over parts of a body and radiates throughout the area, often accompanied by intense burning, skin sensitivity, sweating and swelling. Mr. Parodi’s condition was severe because his doctors determined his RSD was spreading and required aggressive treatment from a specialist. Defendants, however, determined that they did not have a specialist in their managed care network, and refused to send Mr. Parodi outside the network for care. Defendants also insisted on restricting Plaintiff’s access to RSD treatment by authorizing only a doctor who refused to provide any curative treatment, even after the Judge of Compensation Claims ruled that Defendants needed to authorize a specialist to provide a specific treatment protocol. Ultimately, Mr. Parodi went 5 years without access to medically necessary treatment for his condition, and, as a result, his condition was aggravated to the extent that he is now permanently and totally disabled. Sadly, through Defendants’ repeated surveillance of Mr. Parodi, they witnessed the decline in his condition due to the lack of appropriate medical care and treatment, demonstrating Defendants knew their conduct was causing Mr. Parodi significant harm.
Ted Leopold, managing partner at Leopold Law, P.A., representing Mr. Parodi, stated today, “Mr. Parodi has been suffering for almost a decade and we are eager to give him his day in court and obtain a full measure of justice for him.”